Adams v. Crawford

Haynes, C.

This action is prosecuted by the plaintiff to quiet title to a certain mining claim called the “Adams mine.” The cause was tried by the court without a jury, and written findings were filed in favor of the defendants. This appeal is from the judgment and from an order denying the plaintiff’s motion for a new trial.

Appellant’s first contention is that the court erred in denying plaintiff a trial by jury. The record shows that on the day of the trial no jury was in attendance, nor had any been demanded or ordered for the trial of said cause; that after the cause was called for trial…